Subdivision Staff Report - Home - City of Boise Staff Report Subdivision Name Ashbrook Subdivision File Number SUB05-00110 Approval Final Plat Lead Agency Boise City Annexation Date

Subdivision Staff Report Subdivision Name Ashbrook Subdivision File Number SUB05-00110

Approval Final Plat Lead Agency Boise City

Annexation Date December 26, 1993 Comp. Plan Complies

Public Hearing Date April 25, 2006 Heard by Boise City Council

Preliminary Plat Approval February 21, 2006 Analyst David Abo, AICP

Description: This is a proposed single family residential subdivision with 59 buildable lots and two common lots on 9.36 acres. The density is 6.3 dwelling units per acre. The site is zoned R-1C. Location: The site is located on the southwest corner of the intersection of West Irving Street and North Hampton Road. Contents: Basis for Recommendation Vicinity map Preliminary Plat Final Plat Aerial Map Conditions of Approval

SUB05-00110 / Ashbrook Subdivision / Final PlatBoise City Council / April 25, 2006

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Basis for Recommendation The Preliminary Plat of the Ashbrook Subdivision was approved by the Boise City Council on February 21, 2006 subject to Conditions of Approval. The Final Plat design and layout is in conformance with the approved Preliminary Plat, the Boise Comprehensive Plan and the Boise City Subdivision and Zoning Ordinances.

Staff Perspective – General

The Conditions of Approval are required to bring the Final Plat into compliance with Boise City and Idaho State Codes and have been confirmed by the Boise City Planning and Development Services Department. Staff recommends approval of the Final Plat of the Ashbrook Subdivision subject to Conditions of Approval.


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Conditions of Approval Special Conditions 1) All existing structures must be demolished or removed prior to the Boise City Engineer’s

signature on the Final Plat. 2) Prior to issuance of a building permit for Lot 48 or Lot 49, documentation shall be

provided to the PDS Building Division that the fill material has been engineered. 3) Lot 53 of Block 1, is non-buildable lot for the pressurized irrigation pump station. A note

on the face of the Final Plat shall state: “Lot 53 of Block 1 is a non-buildable lot for the pressurized irrigation pump station, which shall be owned and maintained by the Ashbrook Homeowner’s Association. This lot may not be developed for residential purposes in the future.”

4) A micro-pathway shall be provided from North Jullion Avenue to the Boise City Park

property to the east. The micro-pathway lot shall be a minimum of 17-feet wide. There shall be a minimum of 5-feet of landscaping on each side of the pathway, and the paved width of the pathway shall be from 7 to 10-feet wide. Removable bollards are required at the terminal end of the pathway adjacent to the public street.

a) Design: Prior to submitting the Final Plat for consideration before the Boise City

Council, the design plan of the micro-path shall be submitted for review and approval. The design of the micro-path lot shall be in conformance with Boise City's approved design, or city-approved alternative design. The micro-pathway plan shall include a description of (1) the location, width, and cross section of the path, (2) landscaping, (3) the type, location and height of fence or wall (if proposed), (4) placement of bollards, and (5) lighting (if required).

b) Construction: The developer and/or owner shall construct the micro-path

improvement prior to recording the Final Plat. Bonding may only be permitted at the discretion of the Boise City Engineer, and shall be in the amount of 110% of the estimated costs with the Boise City Planning and Development Services Department.

c) Maintenance: A note on the face of the Final Plat is required, stating, "Lot 33,

Block 1, is a non-buildable lot that provides a pathway access easement for the benefit of the Ashbrook Homeowner’s Association, and may not be vacated without the express consent of Boise City. Said lot is subject to the covenants of the Ashbrook Homeowners Association.”


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d) A note on the face of the Final Plat is required, stating, “The landscaping and fencing of micro-pathways shall conform to the Boise City Micro-pathway Ordinance.”

Common Driveway Conditions 5) Vehicular access for Lots 23, 24, 31, 32, 39 and 40 of Block 1 shall be from a common

driveway. 6) All parking shall be set back a minimum of 20 feet from the edge of the paved common

driveway. 7) Duplexes shall be prohibited on Lots 23, 24, 31, 32, 39 and 40 of Block 1, regardless of

the zoning district. 8) The common driveway and utilities for Lots 23, 24, 31, 32, 39 and 40 of Block 1 shall be

constructed concurrently with all other public improvements. 9) Comply with all requirements of Section 11-04-04.01.I of the Boise City Zoning

Ordinance. 10) The Final Plat shall include delineations that describe the boundaries of a perpetual

ingress/egress common driveway easement as indicated on the Final Plat for Lots 23, 24, 31, 32, 39 and 40 of Block 1.

a) Design: Where practical the boundary of said easement shall align with the

property line. The developer and/or owner shall also submit a site plan showing:

1) The location of the common driveway, 2) The location(s) of private driveways, 3) The location of typical building foundation layout and orientation for each

lot, 4) The location and type of “no-parking” signs, and 5) Typical building setbacks. This information is necessary in order that the

applicant become fully aware of the subsequent design and marketability of lots that are accessed by a common driveway, and to provide evidence to Boise City that the design of the subdivision will benefit from the use of common driveways.

b) Construction: Paving of the common driveway and related utilities shall be

constructed concurrently with all other required public improvements of this subdivision. Otherwise, the applicant shall bond for 110% of the value and enter


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into a non-build agreement for the affected lots until such time as the improvements are made. 1) Common driveways shall be installed within 90 days of the issuance of the

first building permit in the development, if building permits are obtained prior to completion of common driveway improvements.

c) Addressing: Street address numbering shall be in accordance with B.C.C. 9-06-

06.D. The developer and/or owner shall submit evidence that the address numbers posted on the structures on Lots 23, 24, 31, 32, 39 and 40 of Block 1, will be visible from the street. Otherwise, a signage plan shall be submitted to and approved by the Boise City Fire Department and the Boise City Planning and Development Services Department ensuring compliance with the Boise City Street Name and Addressing Ordinance. Additional signage may be required.

1. Plat Note Requirements: Notes on the face of the Final Plat are required:

i) Which state, "Vehicular access to Lots 23, 24, 31, 32, 39 and 40 of

Block 1, shall be provided from the common driveway and not from North Dove Drive, West Preece Street, North Jullion Avenu or West Lincroft Street. Setbacks for required parking shall be a minimum of 20-feet from the edge of the built common driveway, or property line whichever is more restrictive, and parking on the common driveway is prohibited." and

ii) Which state, “Duplex structures may not be constructed on lots

that utilize a common driveway, regardless of zoning district," and iii) Which set forth the legal description of the driveway and convey to

those lot owners taking access from the driveway(s) and easement(s), the perpetual right of ingress and egress over the described driveway, and provides that such perpetual easement(s) shall run with the land.

d) Covenant Requirements: A restrictive covenant or other similar deed

restriction(s) acceptable to the Boise City Attorney shall be recorded at the time of recording the plat which provides:

1. For the perpetual requirement for the maintenance of the common

driveway(s) and cross easement, and 2. That said restrictions shall run with the land, and that said easement(s) and

restrictions shall be reviewed and approved by the Boise City Attorney.


6 of 12 Covenant Requirements 11) Covenants, homeowners’ association by-laws or other similar deed restrictions acceptable

to the Boise City Attorney, which provide for the use, control and maintenance of all common areas, storage facilities, recreational facilities or open spaces shall be reviewed and approved by the Boise City Attorney.

Erosion Control Requirements 12) Prior to the Boise City Engineer’s Certification of the Final Plat and prior to earth

disturbing activities, an erosion and sediment control (ESC) permit must be obtained. An ESC plan conforming to the requirements B.C.C. Title 8 Chapter 17, is to be submitted to the Boise City Planning and Development Services Department for review and approval. No grading or earth disturbing activities may start until an approved ESC permit has been issued.

13) An individual who has attended the Boise City Responsible Person (RP) certification

class, or has obtained Interim Certification for Responsible Person is not identified for this project. A permit will not issue until such time as the name and certification number of the RP has been provided to Boise City. This information can be faxed to 388-4735 or e-mailed to [email protected].

Drainage and Irrigation Conditions 14) Subdivision drainage shall be in accordance to B.C.C. 9-20-8.E.2. The developer shall

submit a letter from the appropriate drainage entity approving the drainage system or accepting the drainage there from; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site. A copy of the construction drawing(s) depicting all site drainage improvements shall be submitted with the letter.

a) Developer may either construct improvement prior to Final Platting or post bond

in the amount of 110% of the estimated construction costs. Estimated construction costs shall be provided by the developer's engineer.

b) For drainage facilities located outside of the public right-of-way, the developer

shall dedicate a storm drainage easement. Said easement shall be labeled as either an Ada County Highway District storm drainage easement or a homeowners’ association storm drainage easement, depending on what entity will assume responsibility for the operation and maintenance of the storm drainage system.


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c) Should the homeowners’ association be responsible for the operation and maintenance of the storm drainage facilities, covenants, homeowners’ association by-laws or other similar deed restrictions acceptable to the Boise City Attorney shall be reviewed and approved by the Boise City Attorney.

15) Comply with Idaho Code, Section 31-3805 and Boise City Code 9-20-8.J concerning

irrigation rights, transfer and disclosure. Proof of compliance shall be in the form of the following:

a) The water rights appurtenant and the assessment obligation of the lands in said

subdivision which are within the irrigation entity have been transferred from said lands or excluded from an irrigation district by the owner thereof; or by the person, firm or corporation filing the subdivision plat; or

b) The owner or person, firm or corporation filing the subdivision plat has provided

for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity.

16) No ditch, pipe or structure for irrigation water or irrigation waste water shall be

obstructed, rerouted, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the ditch company officer in charge.

a) A copy of such written approval by the ditch company officer shall be filed with

the construction drawing and submitted to the Department of Planning and Development Services prior to signing of the Final Plat by the Boise City Engineer (B.C.C. 9-20-8.F.2).

17) Fence, cover or tile all irrigation ditches, laterals or canals and drains, exclusive of

natural waterways, intersecting, crossing or lying adjacent to the subdivision prior to Final Platting or post bond in the amount of 110% of the estimated improvement cost with the Boise City Planning and Development Services Department. "Adjacent" is defined by the Boise City Code as "located within less than sixty feet (60') of any lot included in the development." a) Any covering or fencing program involving the distribution of any irrigation

district shall have the prior approval of the affected district. b) If the developer requests a water amenity, such request shall comply with B.C.C.

9-20-8.F.5.


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c) Fencing shall be installed within 90 days of the issuance of the first building permit in the development, if building permits are obtained prior to completion of fencing improvements.

Sewer Conditions 18) Wet line sewers are required (B.C.C. 9-20-8.D.).

a) Plans shall be submitted to and approved by the Boise City Public Works Department prior to commencing with construction. Developer and/or owner may either construct improvements prior to Final Platting or execute a performance agreement and provide surety in the amount of 110% of the estimated costs. The developer shall coordinate with the Boise City Public Works Department for construction inspection prior to and during construction. Unless otherwise approved by the Boise City Public Works Department, all sewer construction shall be completed and accepted within 90 days of plat recordation or within 30 days of issuance of the first building permit within the subdivision, whichever comes first.

NOTE: All bonding shall conform to Boise City Code, Title 8, Chapter 20.

b) Developer and/or owner shall pay the current sewer inspection fees for the

proposed subdivision prior to signing of the Final Plat by the Boise City Engineer. 19) The developer and/or owner shall delineate all necessary Boise City sanitary sewer

easements on the Final Plat prior to signing of the Final Plat by the Boise City Engineer (B.C.C. 9-20-7.F).

20) Developer and/or owner shall pay a sewer assessment along Hampton Street and Irving

Street and/or as may be approved by the Boise City Public Works Commission prior to signing of the Final Plat by the Boise City Engineer. Contact the Boise City Public Works Department for specific costs.

21) Developer and/or owner shall comply with all provisions of the Boise City "Sewer Tap"

Ordinances.

a) Developer may either construct prior to Final Platting or post bond/agreement in the amount of 110% of the estimated costs. Please contact the Boise City Public Works Department for specifications and inspections during construction.

NOTE: All bonding shall conform to Boise City Code, Title 9, Chapter 20, Section 8.D.3 which specifies that the improvements to be made shall be done in a time period "not to exceed one year from the date of approval of the Final Plat."


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Street Light Conditions 22) Developer shall delineate on the face of the Final Plat a Boise City street light easement,

acceptable to the Boise City Public Works Department, for the purpose of installing and maintaining city-owned street light fixtures, conduit and wiring lying outside the dedicated public right-of-way (B.C.C. 9-20-7.F).

23) The developer shall be required to install, at their expense, street lights in accordance

with Boise City Public Works Department specifications and standards at locations designated by the Boise City Public Works Department (B.C.C. 9-20-08.H.1). Plans shall be reviewed and approved by the Boise City Public Works Department prior to commencement of construction, bonding, or payment into trust fund.

a) Fees: Developer shall pay the current street light inspection and plan review fees

on the proposed subdivision (B.C.C. 9-20-11.A.2). For commercial or industrial subdivisions, said fees shall include costs for future inspections, electrical, and Ada County Highway District right-of-way permits.

b) The street lights shall be installed and accepted by the Boise City Public Works

Department at the following locations. Six street lights shall be installed at a 25-foot minimum mounting height, 100 W.H.P.S.

• N.W. Corner Lot 12, Block 1 • N.E. Corner Lot 13, Block 1 • S.W. Corner Lot 45, Block 1 • N.W. Corner Lot 38, Block 1 • S.E. Corner Lot 33, Block 1 • N.W. Corner Lot 25, Block 1

c) If bonding approval is granted by the Boise City Public Works Department,

developer may bond in the amount of 110% of the estimated street light costs. d) Street lights shall be installed within 90 days of the issuance of the first building

permit in the development, if building permits are obtained prior to completion of street light improvements.

General Conditions 24) The developer shall make arrangements to comply with all requirements of the Boise

City Fire Department and verify in one of the following ways:

a) A letter from the Boise City Fire Department stating that all conditions for water, access, and/or other requirements have been satisfied,


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OR

b) A non-build agreement has been executed and recorded with a note on the face of the Final Plat identifying the instrument number. NOTE: 1. For streets having a width less than 36 feet back of curb to back of curb

parking shall be restricted on (1) one side; for streets having a width less than 29 feet back of curb to back of curb parking shall be restricted on both sides; and for standard ACHD cul-de-sacs parking shall be restricted on both sides. A note on the face of the Final Plat is required noting the parking restriction prior to signing of the Final Plat by the Boise City Engineer.

2. "No Parking" signs and curb painting shall be required on streets having a

width less than 36-feet, back of curb to back of curb. Contact the Boise City Fire Department for sign placement and spacing. Developer may either construct prior to Final Platting or post bond in the amount of 110% of the estimated costs with the Boise City Planning and Development Services Department.

3. Specific access to individual buildings cannot be verified at this stage in a

commercial subdivision. However, complete access and water supply drawings must be submitted with Building Permit application for Fire Department review at that time.

25) The name, Ashbrook Subdivision, is reserved and shall not be changed unless there is a

change in ownership, at which time, the new owner(s) shall submit their new name to the Ada County Surveyor for review and reservation. Should a change in name occur, applicant shall submit, in writing, from the Ada County Surveyor, the new name to the Boise City Planning and Development Services Department and reapproval by the Boise City Council of the "revised" Final Plat shall be required. Developer and/or owner shall submit all items including fees, as required by the Boise City Planning and Development Services Department, prior to scheduling the "revised" Final Plat for hearing.

26) Correct street names as approved by the Ada County Street Name Committee shall be

placed on the plat (I.C. Title 50, Chapter 13). 27) A note on the face of the Final Plat is required stating, “Minimum building setback lines

shall be in accordance with the zoning ordinance at the time of issuance of the building


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permit. All lot, parcel and tract sizes shall meet dimensional standards as established in the zoning ordinance.” (B.C.C. 9-20-7.C.1)

28) A letter of acceptance for water service from the utility providing same is required

(B.C.C. 9-20-8.C). 29) Developer shall provide utility easements as required by the public utility providing

service (B.C.C. 9-20-7.F). 30) Developer shall provide a letter from the United States Postal Service stating, "The

Developer and/or Owner has received approval for location of mailboxes by the United States Postal Service."

Contact: Dwight Douvia, Postmaster 770 S. 13th St. Boise, ID 83708-9998 Phone No. (208) 433-4300 FAX No. (208) 433-4400

31) Approval of sewer and water facilities by the Central District Health Department is

required (I.C. Title 50, Chapter 13). 32) Developer shall comply with all construction standards of Ada County Highway District

including approval of the drainage plan, requirements for installing curb, gutter, sidewalks and paving throughout the subdivision as specified by the Boise City Council. Signature by the Ada County Highway District on the plat is required (I.C. Title 50, Chapter 13).

33) Prior to submitting the Final Plat for recording, the following endorsements or

certifications must be executed: Signatures of owners or dedicators, Certificate of the Surveyor, Certificate of the Ada County Surveyor, Certificate of the Central District Health Department, Certificate of the Boise City Engineer, Certificate of the Boise City Clerk, signatures of the Commissioners of the Ada County Highway District and the Ada County Treasurer (I.C. Title 50, Chapter 13).

34) Developer shall comply with B.C.C. 9-20-5.D.2 which specifies the limitation on time for

filing and obtaining certification. Certification by the Boise City Engineer shall be made within two years from date of approval of the Final Plat by the Boise City Council.

a) The developer may submit a request for a time extension, including the

appropriate fee, to the Boise City Planning and Development Services Department for processing. Boise City Council may grant time extensions for a period not to exceed one year provided the request is filed, in writing, at least ten


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working days prior to the expiration of the first two year period, or expiration date established thereafter.

b) If a time extension is granted, the Boise City Council reserves the right to modify

and/or add condition(s) to the original Preliminary or Final Plat to conform with adopted policies and/or ordinance changes.

c) The Final Plat shall be recorded with the Ada County Recorder within one year

from the date of the Boise City Engineer’s signature. If the Final Plat is not recorded within the one-year time frame it shall be deemed null and void.

35) No application for building permits will be accepted for construction of any new structure

within the Ashbrook Subdivision prior to recordation of the Final Plat in accordance with the Boise City Subdivision Ordinance, Section 9-20-08.A.2.

36) The Ashbrook Subdivision is approved for fifty-nine (59) buildable lots.

Documents

Subdivision Staff Report - Home - City of Boise Staff Report Subdivision Name Ashbrook Subdivision File Number SUB05-00110 Approval Final Plat Lead Agency Boise City Annexation Date